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  1. #1
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    Aug 2007
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    Default Neighbor's Survey Shows Different Boundaries Than My Deed

    My question involves real estate located in the State of: Texas

    Hey people. I'm back.

    Anyway, my neighbor has recent had his property surveyed and his survey says he owns 10 feet of my property. However, my deed and the countys own records say otherwise. Which is more accurate? I'm guessing my deed/records? Anyway, if i'm right, what are my option as he wants to put up a fence and claim the extra 10 feet as his?

  2. #2
    Join Date
    Dec 2008
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    627

    Default Re: Survey vs Deed

    Quote Quoting blueeagle
    View Post
    My question involves real estate located in the State of: Texas

    Hey people. I'm back.

    Anyway, my neighbor has recent had his property surveyed and his survey says he owns 10 feet of my property. However, my deed and the countys own records say otherwise. Which is more accurate? I'm guessing my deed/records? Anyway, if i'm right, what are my option as he wants to put up a fence and claim the extra 10 feet as his?
    His! County tax maps are worthless as far as determining true lines.

    Your first step should be to get your own survey, if they match then it's a dead issue. If the two surveys don't match then ask the two surveyors to work together to solve the problem.

  3. #3
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    Default Re: Survey vs Deed

    I talked to my own surveyor and he says they go off county records at the court house

  4. #4
    Join Date
    Jan 2006
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    38,867

    Default Re: Survey vs Deed

    They have to go off your deed because it describes what you bought.

    And the the other guy didn't say anthing about count records. He said county maps. A map shows you in very imprecise terms, where your property is. It never beats the legal
    dssxription as stated on your deed.

  5. #5
    Join Date
    Sep 2010
    Posts
    19,667

    Default Re: Survey vs Deed

    Well not just HIS deed, but the chain of title (all the deeds) from when the property was originally granted. But I agree with JK, the tax maps aren't usually defining. The original record might be textual or in the case of some subdivisions a subdivision plat showing the partitioning of the original lot.

    You need to get your OWN survey. You might also ask for a copy of the other survey from your neighbor. Your surveyor can check to see if he spots an error (surveyors do make mistakes from time to time...I had one flip my property over on a variance plat once).

  6. #6
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    Default Re: Survey vs Deed

    Jk! How you doing, man? Been a while.

    My deed and the records from the court house completely contradict his survey. However, my neighbors house was partially built on my property and, since it was UN-contested for so many year (like 40), I've been told that the property line re-established itself and my neighbor gained the land the house sits on. Is this legal or no?

  7. #7
    Join Date
    Jan 2006
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    38,867

    Default Re: Survey vs Deed

    What you are talking about is an adverse possession claim. While he may have the right to make a claim of any property he believes he has a claim to based on adverse possession, for the claim to be enforceable, either the true owner must contest the claim or the claimant must seek a courts order stating he now is the legal owner of the area.

    A surveyor yor is not going to stake a line as an official property line if it is only a line based on such a claim. A surveyor will however layout pretty much any line you hire them to. If he is considering making such a claim of adverse possession, he might have a surveyor layout the line delineating the claimed area so he has a precise description to present to the court.

  8. #8
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    Default Re: Survey vs Deed

    Thats pretty much what i figured. As far as the adverse possession claim, I don't want to make my neighbor tear of part of their house, and I would be will to let them have that little spot, however how much land can he claim as adverse possession? Just what his house sits on or more?

  9. #9
    Join Date
    Apr 2009
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    Somewhere near Canada
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    Default Re: Survey vs Deed

    BLUE!!!! Ermergerd where have you been?! Okay none of my beeswax, and I have absolutely nothing to add to this thread legally speaking...but hi

  10. #10
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    Default Re: Survey vs Deed

    hey you!

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